Kerala High Court Raises Concerns Over Misuse of POCSO Act, Questions Compensation for Falsely Accused
The Kerala High Court has expressed serious concerns regarding the misuse of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court addressed these issues while considering a case in which a young woman admitted to filing false sexual assault allegations against her cousins out of anger.
Justice CS Dias highlighted the pressing issue of accountability for individuals wrongfully accused under the POCSO Act, which protects minor complainants from facing punishment for false claims. “What wrong have the petitioners (the accused brothers) done, and who is to compensate them for their wrongful confinement, mental agony, trauma, and pain they have endured?” the Court remarked.
The Court acknowledged the POCSO Act’s crucial role in safeguarding children but stressed that recent misuse undermines its intent and threatens the justice system’s integrity. The Court urged the State to implement measures to prevent false POCSO cases and emphasized the need for safeguards and checks, referencing principles from the landmark Arnesh Kumar decision.
The case in question involved two brothers who had been jailed for two months after their 17-year-old cousin accused them of molestation. The complainant, then a minor, initially claimed that the cousins had assaulted her in 2017 and molested her in 2023. However, she later admitted in an affidavit that her allegations were false, motivated by resentment over her cousins’ disapproval of her relationship with a classmate.
The Court observed the severe impact of false accusations on innocent individuals and highlighted the need for judicial and police caution in such cases. The judges noted that false allegations can lead to serious consequences and emphasized the importance of careful, sensitive handling of allegations, especially when they involve family members.
The Court allowed the bail applications of the accused brothers and urged all stakeholders, including courts and law enforcement, to exercise prudence and diligence before making arrests under the POCSO Act. The Court’s remarks serve as a reminder to approach such sensitive cases with the utmost care and consideration to prevent misuse of the law.
Representatives for the bail applicants included advocates PM Arun Das, K Arun, CA Chacko, CM Charisma, Babu VP, and Vishnu S Mullappally. Senior Public Prosecutor CS Hrithwik appeared for the State, while advocates Bibin Varghese and Megha K Xavier represented other respondents.
(With inputs from agency)
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